On May 25, 2022, by means of Ruling No. 853/16, the Labor Directorate ruled on the meaning and scope of the provisions of Law No. 21.371, which establishes special measures in the event of gestational or perinatal death. Specifically, this pronouncement states the following:

1. The leave due to the death of a child is extended from 7 to 10 calendar days, in addition to the annual holiday, which the beneficiary may request regardless of the time of service.
2. Likewise, the leave in the event of the death of a child during pregnancy is increased from 3 to 7 working days.
3. The leave due to the death of a child must be used continuously, that is, without interruptions from the day of the death.
4. The leave due to the death of a child in gestation begins from the date on which the fetal death is certified by the respective certificate.
5. The computation of the 10 calendar days of leave to which the worker is entitled when a child dies, shall also include the days of holidays that affect the period of leave.
6. The calculation of the 7 days of leave due to the death of a child in gestation, includes only working days, therefore excluding for this purpose, all those that are holidays or public holidays according to the law.
7. The benefit contemplated in Law No. 21.371 is effective as from September 29, 2021.
8. The right contemplated in Law No. 21.371 cannot be waived in accordance with paragraph 2 of Article 5 of the Labor Code. The foregoing, as long as the employment contract subsists.

Should you require additional information on this matter, please contact: Alfred Sherman (asherman@jdf.cl), Gonzalo Aravena (garavena@jdf.cl), and/or Felipe Ovalle (fovalle@jdf.cl).